Legal Question in Real Estate Law in California

My wife and I are faced with either signing a deed in lieu or foreclosure. The lender originally set a foreclosure date of March 31, 2013, the lender has now

moved the foreclosure date forward to March 18, 2013, if we do not sign the deed in lieu tomorrow March 15. What are my rights and am I entitled by law, to have an attorney examine the deed in lieu before signing.


Asked on 3/14/13, 2:11 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I did not notice this question was unanswered until today, and I apologize for the delay. (Your question was entered into the lawguru system at a time when lawguru's host computers were reposting answered questions from several years ago.)

The lender has no authority for moving a trustee's sale date up in time at all. This violates the statutory framework governing trustee's sales. You do have the right to have an attorney examine a deed in lieu of foreclosure, along with any other paperwork that you had.

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Answered on 7/09/13, 3:03 pm


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